Case 5 Wife files as Primary - 485 assuming she has 140, or if not 140 + 485 Husband is not a dependent.

If Case 4 is approved then both are safe (if Hub as a better PD).

If Case 5 is current - Husband can do follow to join and get the GC

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chanduv23

01-14 10:15 PM

I've sent the letters to the WH and IV. Hoping for the best.

I, however, have some questions for the senior members of the IV team. Especially for the ones who are active in the lobbying efforts in Congress and the White House. How realistic are the chances for Green card visa numbers relief, even for the longer term? It seems like there are immigrants from 2 countries - India and China who are adversely effected by the low visa numbers. If one is an immigrant for any other part of the world, it actually isnt that hard to get a Green Card thru employer sponsorship. That being the case, do you think Washington would consider this an issue that needs expedient resolution or for that matter an issue that needs a resolution at all?

Dont want to sound like a downer in this inspiring thread, but at the same time, any answers to my question will be greatly appreciated.

In this highly charged anti immigration environment, chances for direct relief could be 50 50. That said, it is possible that the administration is looking seriously into fixing issues in some form or the other.

My case is at the local USCIS service center. I opened an SR on Aug 12 and got an email response encouraging me to apply for an Infopass appointment: "We have determined that your case would have a better result if you make an appointment to visit your local office, so you may speak with an Immigration Services Officer about your case."

I now have an Infopass booked. Let's see what happens. My case is pre-adjudicated since we had an interview two years ago.

Should it go any further this way, can anyone please explain the process of Ombudsman / Congressman / Senator et al?

Thanks in advance.

:confused:

hello, my case is exactly same. lying in uscis san francisco office. interviewd 2 years back. still waiting. i took an infopass at the local office but no use. the IO told me wait for 60 days and you would hear something.

As a hypothetical example (because vehicle prices always depreciate, so please ignore the reality), let's say you bought that Gas guzzling SUV at 50k and now suddenly after 2 years, due to whatever reason, you go and try to sell the same SUV to the same dealer and he quotes you 5k. Wouldn't you fault that dealer for selling you the same thing at 50k when the actual value of the same asset 2 year back was 5k (but he sold you at 50k and you have only paid back 10k in monthly installments until now). Who is to blame for that 35k deficit? You? Forget the monthly payments here and concentrate on the actual asset value.

You forgot that dealer is also making 5K for the SUV that he bought from manufacturer for $50,000. In the end everyone lost 35K. So dealer will loose multiples 35K based on how many SUV he has in his inventory. You might suggest he should go to the manufacturer ? What you are saying is unprecedented, it has never happened I don't know why are you so convince that it someone else's fault. You are living with a very simplistic and naive idea about the world and you are convinced that's the way of life. Not only that, you are trying to convince others of that. From what I know and seen what you suggest doesn't work and refusal to accept a problem only deepens it.

Peace :)

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Madhuri

06-26 03:43 PM

Sorry, I am still confused. So should it say salary no less than (salary in labor) or should it mention salary no less than (salary in I 140)?

Here's what I requested my employer to write in the Letter:

Current salary is XXX. Salary that will be offered on permant residence will be not less than YYY (mentioned in the labor)

Also, take a point to note that after August 2007, the overall volume has decreased drastically. Economy was good from Sept. 2007 to Aug. 2008, but still countries who were current, did not file as amany EB1s and EB2s compared to previous years.

Also, another point to note is that government came out with this data at this moment, because this will instill a ray of hope in every EB individual on their future prospects due to reduced filing from Sept. 2008 onwards.

If, the government came out with the same data, one year back, we would be VERY depresssed, won't we?

So, there is a ray of light at the end of the tunnel.

I think one common mistake that is being made everywhere on this board since the USCIS data got out is to make assumptions on demand. We are only being shown data which shows pending applications from USCIS. If USCIS releases data of how much demand by priority date they were getting then its a different thing. When you say , Economy was good from Sept. 2007 to Aug. 2008, but still countries who were current, did not file as amany EB1s and EB2s compared to previous years. are you basing that on this data released by USCIS or on something else. Because if you are then you are probably wrong. This data only tells you pending data as of Aug 2009 by priority dates. It could well be the case that USCIS got a lot of volume from Sep 2007 to Aug 2008 and processed them all and hence pending is less now. Hope you understand. The only way you can do it with some degree of success with current public data is by looking at PERM Filing data.

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gc28262

09-24 05:50 PM

Good Question. AC21 usage introduces a "Chicken Or Egg" situation. Our limitations 1) Till we interfile we have to show us fulfilling EB3 job calssification related obligations ( that also is a "future" postion in reality). Now if EB2 application is from "same employer" then that employer can logically produce the letter matching EB2 level experience after "real and natural skill progression" only to prove that you are fit for more advanced skill level job in other words after wait for 2-3 years.

Many of us could be over-qualified for our current EB3 position (after so many years of wait) and is accepting the current position only to strictly adhere to "same/similar" job classification. In that case employer can file a GC for our real qualification i.e. Eb2.

Most of the hype is being created by the immigration law firms and attorneys, rather than DOS or USCIS. They are after the dough!

The news might just bring relief to many people, but look at who is creating the most of the hype - it's attorneys.

The comments in this update kind of seem contradictory to me. It says that there might be possibility for greater advancement than earlier thought... and then they talk about moving it back. Whatever it is..I don't know why they are creating so much publicity about this bulletin. Does it mean they are going to advance the dates by a couple of years??? If it was for a few months why would they create so much hype about this?

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vdlrao

03-31 02:58 PM

Very well said. 1. DOS has to move fast in May to test if there are hidden demand (ppl who missed 07/2007 filing, porting, dependent filing). Those new filing cannot get be approved before October 2011. So they can move up to Nov/Dec 2006 safely in May. Also DOS/CIS, who communicate with each other for sure, will know they should process those pre-adjudicated cased first to clear the inventory. 2. In June, July, August, they could be cautious but still move ahead up to March 2007. 3. September is critical, as that time, if DOS doesn't want to waste any quota, (100% CIS cannot approve any cased filed in that month), they have to move to a point to get all quota used. Based on 12K/half year, or 12K/year from EB1, say 20K be safe this year from EB1. 7K from EB2 ROW as last year, 8K from EB3, 0 from FB (EB2 get only 10k/4 last year as 10K FB is divided by Eb1/2/3/4), and normal 2.8K for EB2 I/C each (6K total), there are total 41K possibly for EB2 I/C. 4. Porting (6K this year), New filing (ppl who missed 07/07 with PD before 07/07), could have a negative efffect 5. The inventory for EB2 I/C is about 34K before 07/2007 (based on DOS October/2010 and CIS inventory) 6. This is very close. Will DOS move beyond 07/2007 a little to allow new filings (those won't get approved in Sept) and also make CIS easier to clear all 07/2007? This will be a judgement call. I am 50/50 on that. 7. There are many factors that will play in the scenario.. But I am sure EB2 I/C 09/2011 PD will be pass May 2007 100% June 2007 80% July 2007 60% Sept 2007 30% Nov 2007 10% Dec 2007 or Current 0% (DOS/CIS learned the lesson)

Once again the petition protesting against namecheck delays misses the point. It is unreasonable to ask the FBI to "speed up" the process, they should be allowed to take as much time as they want.

I want to recycle all the negative adjectives you have used in your mail on your statements ;-). Please read about NNCP, FBI and related congressional hearings and statements; about the GC for a muslim known to have Hezbollah connections but missed by FBI background checks and the kind of reactions in evoked in 2002; subsequent modifications in the name check process. Also, try to understand (!) that name checks are done for ALL APPLICANTS including for Soccer Spicegirl and her hubby Bechkam when they would apply under extraordinarily talented category. FBI does not look for visa category the applicant comes under; it is not their job. CIS is mandated to have the "background" check (of which namecheck is just one of the processes) cleared for ALL gc applicants. Then how can this be independent of gc process? What if the uncleared person gets gc and then becomes persona non granta (unavailable) for deportation if the checks fail? how about the benefits (SSN etc) and immi benefits (sponsorship etc.)? what if that person becomes an elected offcier (state governor?) and then the name check fails?

The request to speed up the name checks is truly ridiculous. Stupidity like this is what harms legal H1-B immigrants the most.

Do you understand the reasons for the delay? Read Pappu's postings carefully: the delay is not because of namechecks not cleared; delay is mainly because the FBI analysts DO NOT GET TO YOUR FILE for many years! They claim they could not keep up with demand for name checks from gc applicatns, naturalization applicants, sometimes other visa applicants, whitehouse visitors, political appointees to less prominent positions, would-be employees of coast guard and other sensitive defense establishments etc. etc. If that is the case what is wrong in asking FBI (I dont know who is doing it though) to speed up the process for legal immigratns? $100 X 500,000 = $50M; Even if one analyst costs ~100K per year (with benefits), then do the math!

Stupidity in any form is harmful to H1Bs. Asking for expediting namecheck (even with a fat fee) is not one of them. But putting the mouths first where the minds should have been really harms anyone!

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bestin

03-24 09:46 AM

Yes, it is for a job which does NOT require security clearance.

Is there a formal way / method to let the company and USCIS know of such discrimination ? Any published guidelines from USCIS ?

My wife works for TCS and is on vacation .We tried contacting the local office here .Though the guy mentioned that they have projects ,he still wants her to goto India and comeback on TCS visa and sent her a email that TCS policy doesntnot allow EAD holders.

If you want only India calling, there are lot of good calling card companies, that they are offering better price than the above mentioned.

Airtel call home - 9.99 + tax = you will get 600 mts - 45 days validity period relaible calling - 9.99 +tax = you will get 600 mts - 30 days validity period

I am not talking about calling cards. ALLVOI is also a VOIP service like Vonage and has the same deal on free US calls etc. However, their India pkg is much better IMO.

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pappu

06-20 04:05 PM

There have been members on forums trying to find answers to common questions. Here are some answers and tips from Susan Henner

http://www.susanhenner.com/firmprofile.jsp

====================================

Question: multiple filing of I485 if both husband and wife have I140 approved. As far as I know a person can and should only file 1 adjustment of status application. You can not be a double adjustment applicant! So choose the one with the 'more current' or older priority date as we expect some retrogression in up-coming months. This may go by the numbers and dates. So you want to use the oldest date possible.

If a person uses one of his I-140s and the adjustment is for some reason denied, it appears that there is no reason why they can not then re-apply for adjustment using the other approved I-140 providing all the requirements are met under the petition.

My other advice concerns the fact that the filing fees are increasing on July 30th. This means every case should be filed by July 29th to avoid any increase. This really only gives people between July 1 and July 29 to file cases. So it will be a big rush.

I also recommend scheduling physician appointments ASAP. I am told that many INS physicians are extremely backlogged due to the visa availability now. ========================= If you have other answers from lawyers, you can post them. Make sure to post the lawyer's name. Do not post your opinion. Post legal advice given to you by your lawyer, with the lawyer's name. This will help members get accurate advice and not opinions.

Bpositive

02-10 01:33 PM

Bpositive, thanks very much for the verification. At first, I thought my friend was just scaring me by suggesting the senator/congressman route, but seeing your case now I feel foolish as I should've been doing this in early January. I will check my status tomorrow (monday) with the Delhi consulate once more, and then, if need be (fingers crossed), will talk to my boss in Houston about your suggestions regarding congressman's letter. By the way, what if I call DOS tomorrow and they say the I've been cleared, would it still make sense to have congressman approach them? Too many questions, I know, but I guess you know this feeling. Thanks again.

the first contact for the congressman's office is the relevant consulate. so it doesn't hurt. it is a simple process. your boss has to sign a confidentiality release document for you and attach a cover letter. to help your boss, identify the congressman, go to the congressman's website and find out where the forms are, write a draft cover letter etc . you can do this yourself i.e enquire as a constituent just in case you don't want to involve your boss. i think it may be better that it goes through your boss

srini1976

09-23 05:43 PM

The total number of applications excluding EB2, EB3 are 7,653. The total visa's per annum -> 140,000 Considering that there would be more applications during the year from non-retrogressed countries/categories ..it is evident now that there won't be more than 5K such applications. On pessimistic side even if we consider 10K such applications, The visas available for retrogressed EB2 and EB3 should be around 120K this year. Total pending EB2 is 74,932. So EB2 should be Current for all countries this year. EB3 should get around 40K visas this year.

Any one disagrees?

If everything goes well(based on the numbers). Most likely you and I (including - others ahead in the line) should be GREENED by same time NEXT YEAR(Sep 2010). :D